2021] NATIONALITY LAWS 97 Muslims, further underlining the discrimination at the heart of the contemporary citizenship crisis in India.57 Additionally, many African Commonwealth countries which, having broadly inherited jus soli systems of citizenship, almost universally replaced birthright citizenship with laws based on citizenship by descent following independence, often “implicitly or explicitly intended to exclude potential citizens of non-African descent,” 58 and often on a racially or ethnically discriminatory basis. 59 The legacy of colonization and decolonization can bring about entrenched cases of racialized statelessness, as can other forms of state succession. 60 As addressed further below, it is important to note that such cases can be characterized by direct or indirect forms of racial discrimination,61 and can occur in the absence of discriminatory intent.62 III. NATIONALITY MATTERS: BETWEEN STATE SOVEREIGNTY AND HUMAN RIGHTS Under traditional notions of state sovereignty, decisions relating to the conferral, withdrawal, and regulation of nationality are, in principle, not a matter for international law.63 57 See Farrah Ahmed, Arbitrariness, Subordination and Unequal Citizenship, 4 INDIAN L. REV. 121 (2020). See also Abhinav Chandrachud, Secularism and the Citizenship Amendment Act, 4 INDIAN L. REV. 138 (2020); Monika Verma, Citizenship (Amendment) Act, 2019: The Pernicious Outcomes of the Altering Equation of Citizenship in India, CONFLICT, JUST., DECOLONIZATION: CRITICAL STUD. INTER-ASIAN SOC’Y (June 24, 2020), https://www.researchgate.net/publication/342436363_Citizenship_Amendment _Act_2019_The_Pernicious_Outcomes_of_the_Altering_Equation_of_Citizenshi p_in_India [https://perma.cc/ZA43-JQ5A]; Atul Alexander, Evaluating the Citizenship Amendment Act, 2019 in India: Perspectives from International Refugee Law, INT’L L. UNDER CONSTR. (Feb. 27, 2020), https://grojil.org/2020/02/27/evaluating-the-citizenship-amendment-act-2019in-india-perspectives-from-international-refugee-law/ [https://perma.cc/C3RF7JKN]. 58 BRONWEN MANBY, CITIZENSHIP IN A FRICA 76 (2018). 59 See e.g., THE PUBLIC ORDER ACT [CONSTITUTION] Dec. 31, 1965, (Sierra Leone); CONSTITUTION OF THE REPUBLIC OF UGANDA [CONSTITUTION] Oct. 8, 1995, (Uganda). See generally MANBY, supra note 58, at 193–99. 60 de Chickera & Whiteman, supra note 1, at 101. 61 ICERD, supra note 11, art 1(1) (requiring states to eliminate discrimination in purpose or effect, as well as discrimination that occurs in the absence of discriminatory intent). See, e.g., THORNBERRY, supra note 2, at 114. 62 Special Rapporteur Report on Contemporary Forms of Racism, supra note 36, ¶ 18. 63 Manley O. Hudson (Special Rapporteur of the International Law Commission) Rep. on Nationality, Including Statelessness, at 7, U.N. Doc. A/CN.4/50 (1952) (“In principle, questions of nationality fall within the domestic

Select target paragraph3